성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant suffered from shock disorder at the time of committing the instant crime, and thus, was in a state of mental disability.
B. In light of the various sentencing conditions in the instant case, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.
2. Determination
A. According to the records of this case, it is recognized that the defendant was receiving medical treatment after being diagnosed of shock disorder, detailed obscure personality disorder in the mental division immediately after the crime of this case, and according to the above facts, it is presumed that the defendant was at the time of the crime of this case, but the defendant's mental problem is presumed to have occurred at the time of the crime of this case. However, the defendant's argument of mental disability of this case is not accepted.
B. The circumstances favorable to the Defendant include: (a) examining unreasonable sentencing; (b) both recognize the instant crime and reflects the Defendant’s mistake in depth; and (c) appears to have been with shocking disorder at the time of committing the instant crime.
However, the crime of this case is likely to be criticized because the defendant moved to a place at night, and repeatedly taken photographs of the victim's cell phone using a cell phone in light of the method and frequency of the crime. ② The number of crimes in this case is five times and the victims are five times and the victims are also five. ③ The defendant was sentenced to imprisonment with prison labor for one year in this court on June 16, 201, and was sentenced to probation and order to attend a lecture for two years in prison, probation and order to attend a lecture for one year in the same crime, and again committed the same crime in this case without being aware of the fact that he was under the suspension of the execution, ④ the damage of the defendant was recovered or did not agree with the victims, and the age, character, family environment of the defendant was other.